Rabuyas-last-minute-tip.docx

RABUYA’S LAST MINUTE TIP (BAR 2017) A. PAFR 1.

In Rem Verso.

What is accion in rem verso? What are the requisites for the action to prosper? Distinguish from solutio indebiti. 2.

Doctrine of Presumed Identity Approach.

3.

Conflict of Law Rules.

National law of decedent if issue is preterition. Probate court can resolve if no devise or legacy in the will. National law of foreigner parent not applicable in support. If contrary to sound and established public policy of forum [Del Socorro v. Van Wilsem (2014)] 4.  

Requisites of Unfair Competition in Art. 28. Injury to trade rival and Contrary to good conscience, shocking to judicial sensibilities or otherwise unlawful. [Willaware Plastic Products v. Jesichris Manufacturing Corp. (2014)]

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Civil Personality Intra-uterine life of fetus: at least 7 months; or less than 7 months Civil personality of conceived child Continental Steel Manufacturing Corp. v. Montano (2009) v. Geluz v. CA

6.

Not required to comply with Article 40.

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Identity theft, no marriage to speak of [Republic v. Olaybar (2014)] Private act of signing marriage contract [Morigo v. People (2005)] Same sex marriage solemnized abroad.

7.

Liable for bigamy even if second marriage is void for reasons other than 1 st marriage.

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Santiago v. People (2015) Tenebro v. CA (2004)

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Marriages exempt from marriage license requirement. Requisites of Article 34. Republic v. Dayot (2008) and De Castro v. Assidao-De Castro (2008)

9.

Art. 26, par. 2

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Reckoning point. Must be obtained by foreigner spouse. But Dacasin v. Dacasin (2010). Applicable only to Filipino spouse [Corpuz v. Sto. Tomas (2010)]

10. Personality to File Petition to Declare Marriage Void.  AM 02-11-10-SC, applicable only to marriage contracted during FC. But if ground is bigamy [Juliano-Llave v. Republic (2011); Fujiki v. Marinay (2013)]  If celebrated under Civil Code, real party in interest, compulsory and legal heirs. 11. Marriage between step-brother and step-sister.  Determined by law in force at time of celebration  If celebrated under civil code, void. If under FC, valid. 12. Article 40, FC.   

1st marriage must be really void. Applicable only if 2nd marriage celebrated after effectivity of FC. Prior to FC but after Aug. 19, 1986, same rule but basis is Wiegel v. Sempio-Diy. Prior to Aug. 19, 1986, no requirement of judicial declaration of nullity of prior void marriage. Property regime, same rule as valid marriage.

13. Article 41.    

Requisites for validity of second marriage. Effect of mere re-appearance. Ways of terminating 2nd marriage. If spouse present acted in bad faith [Santos v. Santos (2014)]

14. Disqualification to Inherit By Spouse 

If the marriage in Article 41 is terminated by affidavit of reappearance, the spouse who contracted the marriage in bad faith is disqualified to inherit from the other whether by testate or intestate succession. (only 1 is in bad faith)

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Same rule if marriage is void by reason of Article 40.

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If the marriage in Article 41 is void because both acted in bad faith, no disqualification to inherit by will. But testamentary disposition in favor of each other, revoked by operation of law.

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In legal separation, guilty spouse is disqualified to inherit in intestate succession but no disqualification to inherit in succession by will. But testamentary disposition in favor of guilty spouse is revoked by operation of law.

15. Article 103 and 130, FC.  

Effects of failure to comply with liquidation. Heirs of Patricio Go, Sr. v. Servacio (2011)

16. Art. 96 and 124, FC   

Continuing offer. Void contract cannot be ratified. [Flores v. Sps. Lindo (2011)]. Art. 124 and 105 [Aggabao v. Parulan (2010)] Buyer in good faith [Aggabao v. Parulan (2010)]

17. Presumption of Conjugality

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If there is proof that property is acquired during marriage, apply presumption of conjugality In the absence of such proof, fact that title is registered in “X, married to Y,” means that X is the registered owner and words “married to” are merely descriptive of civil status of X.

18. Article 147 and 148.  Property regime of Article 40.  Art. 147  Art. 148 19. Family Home  Art. 160, FC  Involuntary and voluntary improvement [Eulogio v. Bell, Sr. (2015)] 20. On Surrogacy and Filiation Problem: Before marrying Vicky Belo, Hayden Kho agreed to execute a marriage settlement providing for complete separation as their property regime. During the marriage, Hayden and Vicky, using their own sperm and egg, underwent the process of artificial insemination. However, the child was carried in the womb of the surrogate mother. When the child was born, she was registered in the birth certificate as Scarlett Kho and was made to appear as the child of the couple. But Hayden did not sign said birth certificate, although Scarlett was habitually and consistently treated as the child of the couple. When Scarlett was 7 years old, both Hayden and Vicky died in a car accident. Hayden was survived by Scralett and Hayden’s younger sibling, Vanessa. Vicky, on the other hand, was also survived by Scarlet and Vicky’s two children in a previous marriage, Quark and Cristalle. During the marriage, all properties of the deceased couple were in the name only of Vicky, although Hayden had few properties registered in her name. Q1: Can Scarlett inherit from Vicky Belo? Q2: Can Scarlett inherit from Hayden Kho? Q3: May the sister of Hayden inherit from the properties registered in the name of Vicky Belo? Q4: Who are the heirs of Vicky Belo?

21. Proof of Filiation  Arado v. Alcoran (2015)  Dela Cruz v. Gracia (2009)  Proof under par. 2 of Article 172, barred after death of father. 22. Presumption of Legitimacy  Concepcion v. CA (2005)  Strict right of husband to impugn  Article 167, FC 23. Adoption  Joint Adoption; Exceptions  Castro v. Gregorio (2014)  Bartolome v. SSS (2014)  Retroactive effects of adoption decree  Waiver of requirement of residency in case of foreigner in domestic adoption 24. Parental Authority  Tender age presumption rule (Art. 213, par. 2)

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Dacasin v. Dacasin (2010) Visitation right Parental authority over illegitimate children

25. Support  Manner of giving support (Art. 204)  Lim v. Lim (2009)  Mangonon v. CA (2006) 26. Surname  Surname of illegitimate child [Art. 176; Grande v. Antonio (2014)]  Can a legitimate be allowed to use surname of step-dad? Surname of mother?  Can an illegitimate child be allowed to use surname of step-dad?  May an adopted child be allowed to drop surname of adopter and resume use of biological parent?  Surname of married woman  Alias [Limson v. Gonzales (2014)]  An alias is a name that is different from the individual’s true name, and does not refer to a name that is not different from his true name. 27. Equitable Mortgage and Pacto De retro Sale  Art. 1602, presumed equitable mortgage 1) price unusually inadequate 2) seller remains in possession 3) seller still paying taxes on property 4) buyer retains for himself part of purchase price 5) after expiration of period of repurchase, another agreement extending period or new period is agreed 6) in any other case where intention is property to stand as security 